PRELIMINARY EXAMINATION IN POLITICAL LAW
1.
Which of the following is correct about eminent
domain? (a) Expropriation (b) condemnation (c) regulate property (d) none of
the above (e) all of the above.
2.
Which is NOT correct concerning eminent domain? -(a)
like police power because it is also inherent (b)
taking of public property (c) payment of just compensation (d) a
necessity (e) public use
3.
Eminent domain cannot be used in taking private
property for –(a) historical sites (b) piers (c) cemeteries (d) all of the above (e) none of the above
4.
A municipality may exercise eminent domain. Which of
the following is INCORRECT? (a) the mayor can go to the owner and make an offer
to buy (b) the Sanggunian must first authorize the
mayor through a Resolution passed by it (c) the municipality must
file an expropriation proceeding in court (d) the municipality must deposit in
court 15% of the fair market value of
the property (e) the value of the property shall be determined by the court.
5.
The exercise of police power is lodged to (a)
delegated to the lgu’s (b) legislative branch of government (c) judicial branch
(d) executive branch (e) Congress
6.
Which of the following is not an essential
requisite before an LGU can exercise the power of eminent domain? (a) An
ordinance is enacted by the local legislative council authorizing the local
chief executive, in behalf of the LGU, to exercise the power of eminent domain
or pursue expropriation proceedings over a particular private property (b) The
power of eminent domain is exercised for public use, purpose or welfare, or for
the benefit of the poor and the landless (c) There is payment of just
compensation, as required under Section 9 Article III of the Constitution and
other pertinent laws. (d) A valid and definite offer has been previously made
to the owner of the property sought to be expropriated, but said offer was not
accepted (e) there must be a certification from the
Treasurer that money is available for payment.
7.
Which is not
correct? (a) Just compensation is defined as the full and fair equivalent of
the property taken from its owner by the expropriator (b)
The measure is the taker’s gain (c) The word "just" is used to
intensify the meaning of the word "compensation" an(d) the equivalent
to be rendered for the property to be taken shall be real, substantial, full
and ample. (e) none of the above.
8.
Lines of NAPOCOR passed through the property of Mrs B.
The payment of compensation shall be (a) the easement value only since not the
whole lot is used by Napocor (b) the full value of the
property (c) dependent on the court (d) gauged on the loss suffered by Mrs. B (e) based on
the current tax declaration of B.
9.
In eminent domain, the just compensation to which the
owner of a condemned property is entitled is generally the (a) market value (b) assessed value (c) full value (d)
whole value (e) all of the above.
10. Rule
67 of the 1997 Revised Rules of Court reveals that expropriation proceedings
are comprised of two stages. Which of the following belongs to the second
stage? (a) determination of authority to exercise the power of eminent domain
(b) determination of just compensation by the Sanggunian concerned (c) appointment of three commissioners to determine valuation
(d) order of condemnation (e) determination that the property is fit for public
use.
11. Which
of the following is not taxable by the local government unit pursuant to RA 7160? (A) non-stock/non-profit
hospitals (b) cooperatives (c) non-profit educational institutions (d) none of the above (e) all of the above.
12.
Which
of the following is considered as the power to destroy? (a) eminent domain (b)
police power (c) taxation (d) all of the above (e) none of the
above.
13. Which
of the following is not correct with respect to consent to search? (a) Consent
to a search is not to be lightly inferred and must be shown by clear and
convincing evidence (b) the consent must be unequivocal, specific,
intelligently given and uncontaminated by any duress or coercion (c)
The burden of proving, by clear and positive testimony, that the necessary
consent was obtained and that it was freely and voluntarily given lies with the
person searched.(d) Acquiescence in the loss of fundamental rights is not to be presumed and
courts indulge every reasonable presumption against waiver of fundamental
constitutional rights(e) that the person involved had knowledge, either
actual or constructive, of the existence of such right.
14. The
general rule is that a search may be conducted by law enforcers only on the
strength of a valid search warrant is settled. Which of the following is not an
exception thereto?(a) consented searches; (b) as an incident to a lawful
arrest; (c) searches of vessels and aircraft for violation of immigration,
customs, and drug laws; (d) searches of vehicles (e) where the prohibited
articles are in "plain view
15. Which
of the following is INCORRECT concerning the stop and frisk operation? (a) the
police officer stops a citizen on
the street, interrogate him, and pat him for weapon(s) or contraband (b) The
police officer introduces himself and
make initial inquiries, approach and restrain a person who manifests unusual
and suspicious conduct, in order to check the latter’s outer clothing for
possibly concealed weapons(c) The apprehending police officer must have a
genuine reason, in accordance with the police officer’s experience and the
surrounding conditions, to warrant the belief that the person to be held has
weapons (or contraband) concealed about him (d) an arrest should precede the search for this
principle to apply
(e) the accused exhibits a suspicious
behavior and in fact attempts to flee after the police officer had identified
himself.
16.
A
police officer armed with a search warrant can
search (a) the house immediately
and even break a door open (b) only when there are two witnesses inside the
house (c) the house even when
there is only one occupant present (d) provided he is accompanied by a Barangay captain or tanod
(e) only with the permission of the owner of the house.
17.
A search warrant was issued by Judge Herrera in
connection with an undocketed criminal case for estafa, falsification,
insurance fraud, and tax evasion, against the Asian Surety and Insurance Co., a
corporation duly organized and existing under the laws of the Philippines, with
principal office at Room 200 Republic Supermarket Bldg., Rizal Avenue, Manila. Which
of the following statements is true? (a) the search warrant is valid since it
is the judge who issued it (b) the search warrant is invalid since it is not
particular or vague (c) the search warrant is valid since it refers to crimes
which are closely related to each other (d) it is invalid since it was issued
upon probable cause not in connection with one specific offense (e) it is
invalid since the cases are not yet docketed.
18.
Zones of privacy are likewise recognized and protected
in our laws. Which of the following is not considered as a zone of privacy? (a)
the Intellectual Property Code (b) extension lines of a telephone (c) the privacy of letters and other private
communications (d) Anti-Wiretapping Law (e) bank deposits.
19.
The
history of press freedom dates back to the English Magna Carta,
promulgated in--- (a) 1512 (b)1215 (c) 1521 (d)1152 (e) 1216---, which
established the principle that not even the lawmaker should be above the law.
Through the years, many treatises on press freedom arose in reaction to various
measures taken to curtail it.
20.
In
the United States, press freedom was first put into organic law to its Constitution, declaring that
"Congress shall make no law x x x abridging the freedom of speech, or of
the press." This set in stone the basis for virtually all contemporary
laws and jurisprudence on the subject of press freedom. This is known as the (a) first (b) second (c) third (d) fourth (e) fifth –amendment.
21.
Indeed, freedom of speech cannot be
absolute and unconditional. In legal, political, and philosophical contexts, it
is always regarded as liable to be overridden by important countervailing
interests. Which of the following is applicable in limiting the freedom of
speech? (a) state security (b) public order (c) safety of individual citizens (d) none of the above (e) all of the above
22. Which
of the following is not CORRECT about police power? (a) the power to prescribe
regulations to promote the health, morals, education, good order, safety, or
the general welfare of the people (b) that inherent and plenary power in the state
which enables it to prohibit all things hurtful to the comfort, safety and
welfare of society (c) to enact such laws in relation to persons and property
as may promote public health, public morals, public safety and the general
welfare of each inhabitant (d) establish for the intercourse of citizen with
citizen those rules of good manners and good neighborhood calculated to prevent
conflict of rights (e) the powers of the people inherent in
every sovereignty to the extent of its dominions.
23. What
statement below does not describe a Constitution? (a) body of rules and maxims
(b) framework of a system of government (c) creates or confers basic
rights (d) basic & paramount law (e) definition of
power.
24. Which
of the following should not be found in the row? (a) actual case or controversy
(b) lis mota (c) earliest opportunity (d)
substantive distinction (e)
injured party
25. Which
of the following belongs to the constitution of sovereignty? (a) political rights
(b) civil rights (c) procedure (d) organization (e)
limitations.
26. Which
is the odd one out? (a) verba (b) anima
(c) magis (d) exclusio (e) legis
27. Which
of the following is considered a proper party? (a) a physician questioning the
constitutionality of a law prohibiting the use of contraceptives (b) a taxpayer
questioning the validity of a law banning export of women labor (c) an
accountant challenging in a qou warranto proceeding a doctor who had been
appointed as Medical Examiner (d) a senator challenging the validity of
the compulsory drug testing bill (e) a rallyist questioning the
validity of his arrest.
28. Which of the following regulate property
rights? (a) police power (b) eminent domain (c) taxation (d) a & b (e) b & e
29. Which of the following is NOT considered as
a test of police power? (a) public interest (b) reasonable means (c) lawful
subject (d) conformity to law (e) particular class.
30.
Which of the
following was declared constitutional? A
law which (a) prohibits the use of shoddy for the making of mattresses (b) requires blood testing before a marriage
license has to be issued (c) prohibits
the transport of carabao (d) requires compulsory drug testing to government
employees (e) prohibits casino
(PAGCOR) in their province.
31.
Which of the
following is incorrect concerning the power of taxation? (a) enforced
(b)proportional (c) method (d) contract (e) duty.
32.
Which is
true about the taxation powers of the local government units? (a) inherent
power (b) valid delegation (c) direct authority
(d) unlimited (e) confiscatory
33.
Which of the
following describes substantive due process? (a) Intrinsic validity (b) manner
(c) valid governmental objective (d) a & c but not
b (e) a & b but not c.
34.
Which of the
following violates substantive due process? (a) a municipal ordinance which requires all
laundry establishments to issue receipts in English and Spanish (b) a law which
disallowed Chinese aliens to engage in retail trade (c) a law which requires
preventive suspension of government officials facing graft and corruption
charges (d) a municipal ordinance that prohibits
cabarets & massage parlors in Ermita area (e) a law that prohibits
fishing from on March and April of every year.
35.
Which is
violative of due process? (a) a teacher deprived of her right to have counsel
in an administrative case (b) an accused who is deprived of his right to appeal
due to the negligence of his counsel (c) an accused who was arrested without a
warrant caught in flagrante delicto (d) an employee
caught stealing inside the office and dismissed immediately (e) a judge
who does not inhibit himself in a case when asked to do so.
36.
In which of
the following situations is notice and hearing
required? (a) cancellation of passport (b) preventive suspension (c)
distraint of untaxed properties (d) abatement of
nuisance per accidens (e) padlocking of theaters showing obscene movies.
37.
Which of the
following is not necessary in administrative due process? (a) the right to a full blown hearing which includes the
right to present one’s case and submit evidence (b) the tribunal must
consider the evidenced presented (c) the decision must have something to
support itself (d) the evidence must be substantial (e) the tribunal must act
on its own independent consideration.
38.
Which of the
following is odd? (a) germane to the purpose of the law (b) be limited to existing conditions (c) based on substantial
distinctions (d) not be limited to existing conditions only (e) not be
arbitrary.
39.
Which of the
following is not considered as a personal determination of probable cause? (a)
the judge may rely on the certification of the fiscal who conducted the
preliminary investigation (b) the judge may rely on the
Information/complaint found in the records of the case (c) the judge
listens personally to the persons under oath applying for a search warrant (d)
the judge must ask searching questions and answers (e) the judge must read
carefully the affidavits attached on the record of the case.
40.
X is
appointed both as manager of a government corporation and mayor of his city.
The appointment as manager was declared illegal. Which of the following is
true? (a) he must reimburse the government of his salary as manager (b) all the
contracts signed by him as manager are invalidated (c) all appointments signed
by him when he was manager are invalid (d) none of the
above (e) all of the above.
41. Which of the following complies with the
“plain view doctrine”? (a) a prior valid intrusion in which the police
are legally present in the pursuit of their official duties (b) the evidence
was inadvertently discovered by the police who had the right to be where they
are (c) the evidence must be immediately apparent (d) the plain view justified
mere seizure of evidence without further search (e) all
of the above.
42. Which should not belong to the group? (a)
search incidental to a lawful arrest (b) search of moving vehicles (c) customs
search (d) routine airport security (e)arrests effected
in hot pursuits.
43.
Rafael S. Ortanez
filed with the Regional Trial Court a complaint for annulment of marriage with
damages against Teresita
Salcedo-Ortanez, on grounds of lack of marriage license and/or psychological
incapacity of the petitioner. Among the exhibits offered by private respondent
were three (3) cassette tapes of alleged telephone conversations between
petitioner and unidentified persons. Which of the following is correct? (a) the
said tapes are inadmissible absolutely (b) Tape recordings are not inadmissible
per se (c) they can be admitted in evidence for certain purposes,
depending on how they are presented (d) Absent a clear
showing that both parties to the telephone conversations allowed the recording
of the same, the inadmissibility of the subject tapes is mandatory under Rep.
Act No. 4200. (e) all of the above.
44. An interisland passenger ship, M/V Super Ferry 5,
sailed from Manila to Iligan City. At about 3:00 a.m. the vessel was about to dock at the port of
Iligan City when its security officer,
received a complaint from passenger about her missing jewelry. She
suspected one of her co-passengersas the culprit. Diesmo(security officer) and
four (4) other members of the vessel security force accompanied Canoy to search
for the suspect whom they later found at the economy section. The suspect was
identified as the accused, Basher Bongcarawan. The accused was informed of the
complaint and was invited to go back to cabin no. 106. With his consent, he was
bodily searched, but no jewelry was found. He was then escorted by two (2)
security agents back to the economy section to get his baggage. The accused
took a Samsonite suitcase and brought this back to the cabin. When requested by
the security, the accused opened the suitcase, revealing a brown bag and small
plastic packs containing white crystalline substance. Suspecting the substance
to be "shabu," the security personnel immediately reported the matter
to the ship captain and took pictures of the accused beside the suitcase and
its contents.
Which of the following statements is correct? (a)
Samsonite suitcase containing the methamphetamine hydrochloride or
"shabu" was forcibly opened and searched without his consent, and
hence, in violation of his constitutional right against unreasonable search and
seizure.
(b) Any evidence acquired pursuant to such unlawful
search and seizure, he claims, is inadmissible in evidence against him
(c) the baggage was searched by the vessel security
personnel. It was only after they found "shabu" inside the suitcase
that they called the Philippine Coast Guard for assistance. The search and
seizure of the suitcase and the contraband items was therefore carried out
without government intervention, and hence, the constitutional protection
against unreasonable search and seizure does not apply
(d) the search and seizure performed by the vessel
security personnel should be considered as one conducted by the police
authorities for like the latter, the former are armed and tasked to maintain
peace and order
(e) he is not the owner of the Samsonite suitcase and
he had no knowledge that the same contained "shabu." He submits that
without knowledge or intent to possess the dangerous drug, he cannot be
convicted of the crime charged.
45. Routine
inspections at checkpoints are not regarded as violative of an individual's
right against unreasonable search. Which of the following does not demonstrate
this principle? (a) where the officer merely draws aside the curtain of a
vacant vehicle which is parked on the public fair grounds (b) simply looks into
a vehicle (c) flashes a light therein without opening the car's doors (4) where
the occupants are not subjected to a physical or body search (d) where the
inspection of the vehicles is limited to a visual search or visual inspection (e) where the routine check is conducted in any area.
PART II: Case Problem (5 points)
45. (G.R. No. 156320 Abenes v.
People)The prosecution showed that three days prior to the May 11,
1998 national and local elections, the Philippine National Police (PNP) of
Pagadian City, through its Company Commander Major Pedronisto Quano, created a
team composed of seven policemen with a directive to establish and man a
checkpoint in Barangay Danlugan at said city, for the purpose of enforcing the
Gun Ban which was then being implemented by the COMELEC. SPO3 Cipriano Q.
Pascua was the designated team leader.
The team proceeded to Barangay
Danlugan, arriving thereat at 8:15 in the morning of May 8, 1998. Team leader
SPO3 Pascua coordinated with the Barangay Chairman of Danlugan, and the team
put up a road block with the marking "COMELEC GUN BAN". Vehicles
passing through the road block were required by the team to stop and their
occupants were then politely requested to alight in order to allow routine inspection
and checking of their vehicles. Motorists who refused the request were not
forced to do so.
At about 10:30 in the morning of
the same day, a red Tamaraw FX trying to pass through the check point was
stopped by the team and directed to park at the side of the road. As the
occupants within the vehicle could not be seen through its tinted windows, SPO1
Eliezer Requejo, a member of the team, knocked on the vehicle’s window and
requested the occupants to step down for a routine inspection. The eight
occupants, which included the accused-appellant Rodolfo Abenes who is the
Barangay Chairman of Tawagan Norte, Labangan, Zamboanga Del Sur, alighted from
the vehicle. At this juncture, SPO1 Requejo and SPO3 Pascua noticed that a
holstered firearm was tucked at the right waist of Abenes. The firearm was
readily visible to the policemen; it was not covered by the shirt worn by
Abenes. Abenes was then asked by SPO3 Pascua whether he had a license and
authority to carry the firearm, and whether his possession was exempted from
the Gun Ban being enforced by the COMELEC. Accused answered in the affirmative.
The policemen then demanded for the pertinent documents to be shown to support
Abenes’ claim. He could not show any. Hence, SPO1 Requejo confiscated Abenes’
firearm, which was later identified as a Norinco .45 caliber pistol bearing
Serial No. 906347, including its magazine containing seven live ammunitions.
Questions: (a) Given the
circumstances, and the evidence adduced, was the check-point validly
established?(b) was the petitioner’s constitutional right against unlawful
search and seizure violated? (c) Is the plain view doctrine applicable in this
case? Why?
